Editor's Note — Ord. no. 1024, adopted February 19, 2008,
repealed ch. 505 "dangerous buildings" and enacted new provisions
set out herein. Former ch. 505 derived from CC 1984 §14.200(1
— 15); ord. no. 267, 7-17-1984; ord. no. 567 §14.200, 3-27-2001.
[Ord. No. 1024, 2-19-2008]
It is the purpose of this Chapter to provide a just, equitable
and practicable method for the repairing, vacation or demolition of
buildings, structures or walls that may endanger the life, limb, health,
property, safety or welfare of the occupants of such buildings, structures
or the general public and this Chapter shall apply to all dangerous
buildings, structures or walls, as herein defined, that now are in
existence or that may hereafter exist in the City of Weatherby Lake,
Missouri.
[Ord. No. 1024, 2-19-2008]
A.
All buildings,
structures and/or walls that are detrimental to the health, safety
or welfare of the residents of the City and that have any or all of
the following defects shall be deemed "dangerous buildings, structures
or walls":
1.
Those
buildings or structures with interior walls or other vertical structural
members that list, lean or buckle to such an extent that a plumb line
passing through the center of gravity falls outside the middle third
of its base.
2.
Those
buildings or structures that, exclusive of the foundation, show thirty-three
percent (33%) or more damage or deterioration of the supporting member
or members or fifty percent (50%) damage or deterioration of the non-supporting
enclosing or outside walls or covering.
3.
Those
buildings, structures or walls that have improperly distributed loads
upon the floors, roofs, walls or in which the same are overloaded
or that have insufficient strength to be reasonably safe for the purpose
used.
4.
Those
buildings, structures or walls that have been damaged by fire, wind,
water or other causes so as to become dangerous to life, safety or
the general health and welfare of the occupants or the people of the
City.
5.
Those
buildings or structures that are so dilapidated, decayed, unsafe,
unsanitary or that so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation or are likely
to cause sickness or disease, so as to work injury to the health,
safety or welfare of those occupying such building or structure.
6.
Those
buildings or structures which are uninhabited and are open at door,
window, wall or roof.
7.
Those
buildings having light, air and sanitation facilities that are inadequate
to protect the health, safety or general welfare of human beings who
live or may live therein.
8.
Those
buildings or structures having inadequate facilities for egress in
case of fire or panic or those having insufficient stairways, elevators,
fire escapes or other adequate means of evacuation.
9.
Those
buildings, structures or walls that have parts thereof that are so
attached that they may fall and injure members of the public or property.
10.
Those
buildings, structures or walls that because of their condition are
unsafe, unsanitary or dangerous to the health, safety or general welfare
of the people of this City.
11.
Those
buildings, structures or walls under construction upon which no substantial
work shall have been performed for ninety (90) days immediately next
to the time that a notice shall issue for completion or demolition
thereof.
12.
Those
buildings, structures or walls in the process of demolition upon which
no substantial work shall have been performed for a period of fourteen
(14) days immediately following the time a notice shall issue to complete
the demolition thereof.
13.
Those
walls that list, lean or buckle to such an extent that a plumb line
passing through the center of gravity falls outside the middle third
of its base.
14.
Those
walls that show ten percent (10%) or more damage or deterioration
of any supporting portion of the wall or thirty-three percent (33%)
damage or deterioration of any non-supporting portion of the wall.
15.
Those
walls that a portion of which weighing in excess of thirty-five (35)
pounds has become loose, detached and/or fallen from said wall.
[Ord. No. 1024, 2-19-2008]
All dangerous buildings, structures and/or walls, as defined by Section 505.020, are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided herein.
[Ord. No. 1024, 2-19-2008]
A.
The following
standards shall be followed in substance by the Building Inspector
and the Codes Enforcement Officer in ordering repair, vacation or
demolition of any dangerous building, structure and/or wall:
1.
If the
dangerous building, structure and/or wall reasonably can be repaired
so that it no longer will exist in violation of the terms of this
Chapter, it shall be ordered repaired.
2.
If the
dangerous building or structure is in such condition as to make it
dangerous to the health, safety or general welfare of its occupants
or the public, it shall be ordered to be vacated and repaired.
3.
In all
cases where a building, structure and/or wall cannot be repaired so
that it no longer will exist in violation of the terms of this Chapter,
it shall be demolished.
4.
In all
cases where a dangerous building, structure and/or wall is a fire
hazard existing or erected in violation of the terms of this Chapter
or any ordinance of this City or Statute of the State of Missouri,
it shall be repaired or demolished.
5.
In all
cases where the conditions constituting the public nuisance are such
that the costs to repair the building, structure and/or wall so as
to no longer constitute a public nuisance are equal to or exceed fifty
percent (50%) of the value of the building, structure and/or wall,
it shall be ordered demolished; in the event that it is not demolished
by the owner, the City shall have the authority to abate the nuisance
by demolition.
[Ord. No. 1024, 2-19-2008]
All City Police Officers and all other City employees so designated
by the Mayor shall be Building Inspectors within the meaning of this
Chapter.
[Ord. No. 1024, 2-19-2008]
A.
The Building
Inspector may have the duty under this Chapter to:
1.
Inspect
or cause to be inspected, as often as may be necessary, all residential,
institutional, assembly, commercial, industrial, garage, special or
miscellaneous occupancy buildings, structures and/or walls for the
purpose of determining whether any conditions exist that render such
places a dangerous building, structure or wall when he/she has reasonable
grounds to believe that any such building, structure or wall is dangerous.
2.
Inspect
any building, wall or structure about which complaints are filed by
any person to the effect that a building, wall or structure is or
may be existing in violation of this Chapter and the Building Inspector
determines that there are reasonable grounds to believe that such
building, wall and/or structure is dangerous.
3.
Inspect
any building, wall or structure reported by any Fire Department official
serving the City or officer of the Police Department of this City
as probably existing in violation of this Chapter.
4.
Notify in writing, either by personal service or by certified mail, return receipt requested or if service cannot be had by either of these modes of service, then service may be had by publication in a newspaper qualified to publish legal notices for two (2) successive weeks, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building, structure or wall as shown by the land records of the Recorder of Deeds of Platte County of any building, wall and/or structure found by him/her to be a dangerous building within the standards set forth in Section 505.020.
The notice required shall state that:
a.
The
owner must vacate, vacate and repair, vacate and demolish, repair
or demolish said building, wall and/or structure and clean up the
lot or property on which the building, wall and/or structure is located
in accordance with the terms of the notice and this Chapter;
b.
The
owner, occupant and lessee must comply with the notice;
c.
The
mortgagee, agent or other persons having an interest in said building,
structure or wall as shown by the land records of the Recorder of
Deeds of Platte County may, at his/her own risk, repair, vacate or
demolish the building, structure or wall and clean up the property
or have such work done, provided that any person notified under this
Subsection to repair, vacate or demolish any building, structure or
wall or clean up the property shall be given such reasonable time
not exceeding thirty (30) days to commence the required work.
5.
The
notice provided for in this Section shall state a description of the
building, structure or wall deemed dangerous, a statement of the particulars
that make the building, structure or wall a dangerous building, structure
or wall and an order requiring the designated work to be commenced
within the time provided for in the above Subsection.
6.
Report
in writing to the City Codes Enforcement Officer the non-compliance
with any notice to vacate, repair, demolish or clean up the property
or upon the failure to proceed continuously with the work without
unnecessary delay.
7.
Appear
at all hearings conducted by the Codes Enforcement Officer and testify
as to the condition of dangerous buildings.
8.
In the
event any building, structure or wall found by the Building Inspector
to be inherently dangerous and that he/she determined to be a nuisance
per se, the Codes Enforcement Officer may direct that such building,
structure or wall be marked or posted with a written notice reading
substantially as follows:
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"This [insert the applicable term] building, structure or wall
has been found to be a dangerous [insert the applicable term] building,
structure or wall by the Building Inspector. This notice is to remain
on this [insert the applicable term] building, structure or wall and/or
property until it is repaired, vacated or demolished and the property
is cleaned up in accordance with the notice that has been given the
owner, occupant, lessee, mortgagee or agent of this [insert the applicable
term] building, structure or wall and all other persons having an
interest in said building, structure or wall as shown by the land
records of the Recorder of Deeds of Platte County. It is unlawful
to remove this notice until such notice is complied with."
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Nothing provided in the order of the Codes Enforcement Officer,
the posting of said notice, nor any provision provided herein shall
be construed to deprive any persons entitled thereto by this Chapter
to the notice and hearing prescribed herein.
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[Ord. No. 1024, 2-19-2008]
A.
When,
under this Chapter, a notice is required to be served upon the persons
interested in any building or structure, the notice shall be served
upon the owner, occupant, lessee, mortgagee, agent and all other persons
having an interest in the building or structure as shown by the Recorder
of Deeds of Platte County and shall be signed by the person who has
the responsibility to issue the notice.
B.
The notice
shall be served, if the party or parties to be served reside in the
City, by a handing of the notice to the person to be served, by anyone
competent to be a witness or by leaving the notice at the usual place
of abode with a member of the household over the age of fifteen (15)
years and competent to receive notice. If the person to be served
shall not reside in the City or shall have absented himself/herself
from the City or concealed himself/herself so that personal service
may not be made as herein provided for and if his/her address shall
be known, then service shall be made by posting a copy of such notice
in a conspicuous place on the building, structure or wall to which
it relates and by certified mail, return receipt requested; but if
his/her address shall not be known, the service of notices shall be
by posting and by publication. The publication shall contain the full
text of the notice and shall be published at least once a week for
three (3) consecutive weeks on the same day of the week in some newspaper
of general circulation in the appropriate County. The time specified
for the hearing or for the commencement of work or for any other thing
to be done shall be at least thirty (30) days from the date of the
first (1st) publication of notice.
[Ord. No. 1024, 2-19-2008]
A.
Whenever
there shall be a failure to obey a notice to abate a public nuisance
issued by not commencing work in the time specified in said notice
or there shall be a failure to proceed continuously with the work
required therein without unnecessary delay, the Codes Enforcement
Officer shall call and have a full and adequate hearing upon the matter
giving all affected parties at least thirty (30) days' written notice
of the hearing. Any party may be represented by counsel and all parties
shall have an opportunity to be heard and present such evidence as
shall be relevant to a determination of:
1.
Whether
or not the building, structure or wall involved is a public nuisance
under the terms of this Chapter;
2.
Whether
the procedure required by this Chapter shall have been substantially
followed; and
3.
Whether
or not the abatement order of the Codes Enforcement Officer was reasonable
and within the standards of this Chapter.
B.
All testimony
shall be under oath and a written record of the hearing shall be made
by a reporter to be employed by the City, the cost of which shall
be paid by the City should the proceeding be eventually held against
the City and by the owner, if it should not. In the latter case, the
cost of such reporting shall be a lien upon the lot, tract or parcel
of land upon which the building or structure stands and shall be added
to the cost of performance for demolition or repair, in the event
the City be required to perform that function.
[Ord. No. 1024, 2-19-2008]
A.
The Codes
Enforcement Officer shall have the power pursuant to this Chapter
to:
1.
Supervise
all inspections required by this Chapter and perform all the duties
required of him/her by this Chapter. Upon receiving a complaint or
report from any source that a dangerous building exists in the City,
the Codes Enforcement Officer may cause an inspection to be made forthwith.
If the Codes Enforcement Officer deems it necessary to the performance
of his/her duties and responsibilities imposed herein, the Codes Enforcement
Officer may retain services of an expert whenever he/she deems such
service necessary.
2.
Upon
receipt of a report from the Codes Inspection Officer indicating failure
by the owner, lessee, occupant, mortgagee, agent or other person(s)
having interest in said building to commence work of reconditioning
or demolition within the time specified by this Chapter or upon failure
to proceed continuously with work without unnecessary delay, the Codes
Enforcement Officer shall hold a hearing giving the affected parties
full and adequate hearing on the matter.
3.
Make
written findings of fact from the evidence offered at said hearing
as to whether or not the building in question is a dangerous building
within the terms of this Chapter.
4.
If the
evidence supports a finding based upon competent and substantial evidence
that the building, structure or wall is a dangerous building, structure
or wall, the Building Commissioner shall issue an order based upon
its findings of fact commanding the owner, occupant, mortgagee, lessee,
agent or other person(s) having an interest in said building as shown
by the land records of the County wherein the land is located to repair,
vacate or demolish any building, structure or wall found to be a dangerous
building, structure or wall and to clean up the property, provided
that any person so notified shall have the privilege of either repairing
or vacating and repairing said building, structure or wall if such
repair will comply with the ordinances of this City, or the owner
or any person having an interest in any said building as shown by
the land records of the County wherein the land is located may vacate
and demolish said dangerous building at his/her own risk to prevent
the acquiring by the City of the lien against the land where the dangerous
building stands. If the evidence does not support a finding that a
building, structure or wall is a dangerous building, structure or
wall, no order shall be issued.
[Ord. No. 1024, 2-19-2008]
A.
If the
owner, occupant, mortgagee or lessee fails to comply with the order
within thirty (30) days, the Codes Enforcement Officer shall cause
such building, structure or wall to be repaired, vacated or demolished
and the property cleaned up as the facts may warrant:
1.
The
Codes Enforcement Officer shall certify the cost of the work borne
by the City for such repair, vacation or demolition or cleaned up
to the City Clerk as a special assessment represented by a special
tax bill against the real property affected; said tax bill shall be
a lien upon said property and shall be deemed a personal debt against
the property owner(s) unless the building, structure or wall is demolished,
secured or repaired by a contractor pursuant to an order issued by
the City and such contractor files a mechanic's lien against the property
where the dangerous building is located. The contractor may enforce
this lien as provided in Sections 429.010 to 429.360, RSMo.
2.
Except as provided in Subsection (3) of this Section, at the request of the taxpayer, this special tax bill may be paid in installments over a period of not more than ten (10) years; interest on the unpaid balance of said assessment shall be due annually on the anniversary of the date of issuance of the bill. Interest shall be paid at the maximum rate per annum allowable by law on unpaid balance of special assessment. If any annual payment of principal or interest shall not be paid within thirty (30) days of its due date, the entire remaining balance of the tax bill shall immediately become due and payable.
3.
As to damage or loss to a building, structure or wall caused by, or arising out of, any fire, explosion or other casualty loss, if an order is issued by the Codes Enforcement Officer as provided in Subsection (5) of this Section and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property owner. If there are proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building, structure or wall caused by, or arising out of, any fire, explosion or other casualty loss, the following procedure is established for the payment of up to twenty-five percent (25%) of the insurance proceeds as set forth in Subdivisions (a) and (b) of this Subsection. This Subsection shall apply only to a covered claim payment that is in excess of fifty percent (50%) of the face value of the policy covering a building, structure or wall:
a.
The
insurer shall withhold from the covered claim payment up to twenty-five
percent (25%) of the covered claim payment and shall pay such monies
to the City to deposit into an interest-bearing account. Any named
mortgagee on the insurance policy shall maintain priority over any
obligation under the ordinance.
b.
The City shall release the proceeds and any interest that has accrued on such proceeds received under paragraph (a) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after the receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Subsection (5) of this Section. If the City has proceeded under the provisions of Subsection (5) of this Section, all monies in excess of that necessary to comply with the provisions of Subsection (5) of this Section for the removal, securing, repair and clean up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.
4.
If there are no proceeds of any insurance policy as set forth in Subsection (3) of this Section, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.
5.
Subsection (3) of this Section shall apply to fire, explosion or other casualty loss claims arising on all buildings, structures or walls.
6.
No provision
of this Section shall make the City a party to any insurance contract
and the insurer is not liable to any party for any amount in excess
of the proceeds otherwise payable under its insurance policy.
7.
The Codes Enforcement Officer may certify in lieu of payment of all or part of the covered claim under Subsection (3) that it has obtained satisfactory proof that the insured has removed or will remove the debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the Codes Enforcement Officer shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without the deduction pursuant to Subsection (3) of this Section. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided from this Subsection.
[Ord. No. 1024, 2-19-2008]
Any owner, occupant, lessee, mortgagee, agent or any other person(s)
having an interest in a dangerous building, structure or wall as shown
by the land records of the Recorder of Deeds of the County wherein
the land is located may, within thirty (30) days from the receipt
of the order of the Codes Enforcement Officer, appeal such decision
to the Circuit Court of Platte County, pursuant to the procedure established
in Chapter 536, RSMo.
[Ord. No. 1024, 2-19-2008]
In cases where it reasonably appears that there is immediate danger to the health, life or safety of any person unless a dangerous building, structure or wall, as defined herein, is immediately repaired, vacated or demolished and the property is cleaned up, the Building Inspector shall report such facts to the Codes Enforcement Officer and the Codes Enforcement Officer may cause the immediate repair, vacation or demolition of such dangerous building, structure or wall and clean up of the property. The costs of such emergency repair, vacation or demolition of such dangerous building, structure or wall shall be collected in the same manner as provided in Section 505.100.
[Ord. No. 1024, 2-19-2008]
A.
The owner, occupant or lessee in possession of any dangerous building, structure or wall who shall fail to comply with the order to repair, vacate or demolish said building, structure or wall given by the Codes Enforcement Officer shall be guilty of an ordinance violation and upon conviction shall be punishable as set forth in Section 505.140.
[Ord. No. 1024, 2-19-2008]
Any person violating the provisions of this Chapter is guilty
of an ordinance violation and upon conviction thereof shall be fined
not more than five hundred dollars ($500.00) or by imprisonment of
not more than ninety (90) days or by both fine and imprisonment. Each
day that a person fails to comply with an order of the Codes Enforcement
Officer may be deemed a separate offense.
[Ord. No. 1024, 2-19-2008]
In addition to the remedies set forth in this Chapter, the City
may petition the Circuit Court of Platte County to enjoin any nuisance
or threat to the public health, safety or welfare. The remedies set
forth herein are cumulative and not exclusive and the City may seek
any legal or equitable remedy at its disposal, regardless of whether
it has exhausted any other remedy available to it under this Chapter.
